The deadly 2021 condominium collapse in Surfside, Florida was a wake-up call for boards, regulators, and residents alike—the tragedy caused the deaths of 98 people and exposed deficiencies in structural integrity, regulatory oversight, and inspection procedures. As is often the case, the event served as a catalyst for building inspection reform and stronger safety regulations. 

In New York City, Local Law 126 (LL126) was introduced that same year to mandate periodic inspections of parking structures in the hopes that structural defects could be identified before turning into another tragedy. LL126 closed a gap left under the existing Local Law 11 (LL11), which focuses on facade inspections but left garage structures outside its purview. “Because garages weren't part of the facade, they were almost never inspected before this legislation,” says Sushruth Keval, EIT/ Associate II at CTL Group, a multidisciplinary engineering, architecture, and materials science firm based in Manhattan. 

Other cities and states have taken a more limited approach. In Massachusetts, for example, the state requires periodic Certificates of Inspection, but “There are no general requirements, so the inspection could be visual and cursory, or could do a deeper examination of the structure,” says Stephen Marcus, partner at Braintree, Massachusetts-based law firm Allcock Marcus. 

Marcus goes on to say that “Boston has its own periodic façade inspection rules, while Massachusetts imposes statewide periodic inspection/certificate requirements by occupancy group, rather than just ‘facade/structure/foundation,’ and periodic Certificates of Occupancy per se are not a statewide concept—but there is a statewide Certificate of Inspection regime that many cities administer locally.” 

A Heavy Burden 

Under Local Law 11, a building deemed ‘unsafe’ upon inspection generally means that a part of the facade is at risk of falling. In that event, a sidewalk shed or scaffold is often immediately erected to manage potential hazards without unduly disrupting building occupants. By contrast, if an under- or aboveground parking garage is flagged as ‘unsafe’ under Local Law 126, it’s a much bigger deal. It may imply the whole building is at risk due to compromised structural strength, not just a single segment. Keval notes the key thing to remember is that LL126 applies to any buildings—or portions of buildings—that are used for parking or storing motor vehicles.

“This includes the space inside, or even under a building,” he says. “So whether it's a standalone structure or just a parking level beneath a residential tower, if it's storing vehicles, it's covered under Local Law 126—with some inclusions and exclusions as defined in the law. I’d say parking garages are equally as vulnerable as facades or any other building component, but they are significantly more important when it comes to total safety.”

From an engineering standpoint, the heavy weight of cars and their constant movement in and out of the structure are two factors professionals take into account when assessing a parking facility. According to Keval, “It’s a continuous test of the fatigue limits for the pavements and all the load-bearing members, like the columns and beams.”

Location and environment also play a big role, particularly in below-grade facilities. Underground garages are in a humid, moisture-laden subterranean environment, Keval notes, “And because concrete is porous, it absorbs that moisture. The chemical reactions in concrete are a lifelong process, and eventually cause the concrete to degrade and the steel reinforcements inside to corrode—and this leads to structural compromise.”

Inspect It Yourself 

If you’re responsible for a parking garage space on your premises, routine inspections are non-negotiable. “If you walk into your garage and don’t see a lot of spalling concrete, then you could be in good shape,” says Piet Quackenbush, VP of management of Greater New York and Florida property management company AKAM, “but of course, if you spot exposed rebar or cracks where water could get in, you could be looking at a deeper structural issue.” 

Inspection reports determine whether a building is deemed Safe, Unsafe, or Safe with a Repair and Maintenance Program (SWARMP). With a SWARMP designation, says Quackenbush, “the building is safe enough to remain in operation, but requires a mandatory plan to monitor and make structural repairs.” 

According to Keval, inspectors look for cracks, spalling (chipping or pitting of surfaces caused by freeze-and-thaw damage), water infiltration, any evident displacement or deformation of load-bearing elements, and other immediate red flags. “If a Qualified Parking Structure Inspector (QPSI) declares that a parking garage is unsafe, they are required to immediately inform the NYC Department of Buildings (DOB) by calling 311,” he notes. “At that point, immediate actions must be taken to protect public safety. This could mean fencing off dangerous areas, or closing the garage entirely. If the unsafe conditions actually pose a risk to the structural stability of a garage located below-grade, then the entire building should be immediately evacuated.”

Inspectors and engineers may also require immediate shoring or the installation of safety nets, Keval adds. “The rules dictate that all repairs must be completed within 90 days of the inspection, and a QPSI has to submit an amended report within two weeks of those repairs being finished.”

Planning & Budgeting

Proactive boards and property management teams should track legislative cycles so they are prepared to meet compliance. “Allow for the amount of time it will take to do repairs,” suggests Quackenbush. “You want to file on time and get repairs done before the report is due, because there are fines associated with late reports or not filing.” 

This adds a layer of potentially expensive compliance for co-ops and condos that have garages. If repairs are needed, as a capital expenditure the project financing would typically come out of reserves, but Quackenbush cautions that it really depends on the scope of work. “Getting your hands on the scope early and having an engineer who will sound everything in the garage upfront will help you get a good idea of what patches and repairs are needed,” he says. “Then you can estimate your budget in advance so you’re prepared and not surprised.” 

That said, even minor repairs require considerable planning. Quackenbush says, “One big thing you have to think about is safety. There’s a lot of safety to structural work—like making sure nothing is in the work site that can get damaged and controlling dust and debris from the work site.” 

Quackenbush recalls a building that received an Unsafe report and needed to vacate the garage in order to comply and make necessary repairs. “You don’t want to have to take the garage out of operation, so ideally you can do repair work in phases, keeping in mind your repair project could take four to six months,” he notes, necessitating careful planning to avoid disruptions and unnecessary late filing fees. Doing a piece of the garage at a time requires an allowance of time to get reports filed. 

Unfortunately for buildings and boards, parking garage repairs tend to take a big bite out of the budget. “Even on sites where it doesn’t look like there is a lot of work needed, the cost is usually high because many of these garages haven’t had to go through a rigorous inspection process with a structural engineer in the past,” Quackenbush says. 

Avoiding Legal Issues

Attorney Marcus explains that failing to ensure their building and its components are safe and functioning as intended exposes a board to liability; he recommends a short and long-term Inspection Maintenance Plan for all condominiums, co-ops, and HOAs. 

“I think we need to shift from just insurance to cover losses to Risk Management—proactive steps to ensure that the buildings and their components are not in need of repairs or replacements,” he says. “Those associations that are proactive will be rewarded by safer buildings for their residents and guests, and likely better insurance premiums on master policies because the risks are lower.” 

As an example, he describes an association in Marina del Rey that installed 3,000 BuildingLink water sensors in their building that notify the front desk and general manager if a water issue is detected. “This type of proactive action will result in less disruption to unit owners and common areas, and less damage from water losses,” he says.  

Property managers and board members are served well by planning ahead and staying on top of compliance dates and deadlines. Routine inspections, proactive maintenance, and quick corrections to any issues or repairs can help ensure buildings stay safe, structurally intact, and in compliance–and prevent tragedies like Surfside from happening again. 

Kate Mattiace is associate editor of CooperatorNews.